26 U.S. Code § 642 - Special rules for credits and deductions

An estate or trust shall be allowed the credit against tax for taxes imposed by foreign countries and possessions of the United States, to the extent allowed by section
901, only in respect of so much of the taxes described in such section as is not properly allocable under such section to the beneficiaries.

(b) Deduction for personal exemption

(1) Estates

An estate shall be allowed a deduction of $600.

(2) Trusts

(A) In general

Except as otherwise provided in this paragraph, a trust shall be allowed a deduction of $100.

(B) Trusts distributing income currently

A trust which, under its governing instrument, is required to distribute all of its income currently shall be allowed a deduction of $300.

(C) Disability trusts

(i)In general
A qualified disability trust shall be allowed a deduction equal to the exemption amount under section
151(d), determined—

(I)such trust is a disability trust described in subsection (c)(2)(B)(iv) ofsection
1917 of the Social Security Act (42 U.S.C. 1396p), and

(II)all of the beneficiaries of the trust as of the close of the taxable year are determined by the Commissioner of Social Security to have been disabled (within the meaning of section 1614(a)(3) of the Social Security Act, 42 U.S.C. 1382c(a)(3)) for some portion of such year.

A trust shall not fail to meet the requirements of subclause (II) merely because the corpus of the trust may revert to a person who is not so disabled after the trust ceases to have any beneficiary who is so disabled.

(3) Deductions in lieu of personal exemption

The deductions allowed by this subsection shall be in lieu of the deductions allowed under section
151 (relating to deduction for personal exemption).

(c) Deduction for amounts paid or permanently set aside for a charitable purpose

(1) General rule

In the case of an estate or trust (other then [2] a trust meeting the specifications of subpart B), there shall be allowed as a deduction in computing its taxable income (in lieu of the deduction allowed by section
170(a), relating to deduction for charitable, etc., contributions and gifts) any amount of the gross income, without limitation, which pursuant to the terms of the governing instrument is, during the taxable year, paid for a purpose specified in section
170(c) (determined without regard to section
170(c)(2)(A)). If a charitable contribution is paid after the close of such taxable year and on or before the last day of the year following the close of such taxable year, then the trustee or administrator may elect to treat such contribution as paid during such taxable year. The election shall be made at such time and in such manner as the Secretary prescribes by regulations.

(2) Amounts permanently set aside

In the case of an estate, and in the case of a trust (other than a trust meeting the specifications of subpart B) required by the terms of its governing instrument to set aside amounts which was—

(A)created on or before October 9, 1969, if—

(i)an irrevocable remainder interest is transferred to or for the use of an organization described in section
170(c), or

(ii)the grantor is at all times after October 9, 1969, under a mental disability to change the terms of the trust; or

(B)established by a will executed on or before October 9, 1969, if—

(i)the testator dies before October 9, 1972, without having republished the will after October 9, 1969, by codicil or otherwise,

(ii)the testator at no time after October 9, 1969, had the right to change the portions of the will which pertain to the trust, or

(iii)the will is not republished by codicil or otherwise before October 9, 1972, and the testator is on such date and at all times thereafter under a mental disability to republish the will by codicil or otherwise,

there shall also be allowed as a deduction in computing its taxable income any amount of the gross income, without limitation, which pursuant to the terms of the governing instrument is, during the taxable year, permanently set aside for a purpose specified in section
170(c), or is to be used exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, or for the establishment, acquisition, maintenance, or operation of a public cemetery not operated for profit. In the case of a trust, the preceding sentence shall apply only to gross income earned with respect to amounts transferred to the trust before October 9, 1969, or transferred under a will to which subparagraph (B) applies.

(3) Pooled income funds

In the case of a pooled income fund (as defined in paragraph (5)), there shall also be allowed as a deduction in computing its taxable income any amount of the gross income attributable to gain from the sale of a capital asset held for more than 1 year, without limitation, which pursuant to the terms of the governing instrument is, during the taxable year, permanently set aside for a purpose specified in section
170(c).

(4) Adjustments

To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain described in section
1202(a), proper adjustment shall be made for any exclusion allowable to the estate or trust under section
1202. In the case of a trust, the deduction allowed by this subsection shall be subject to section
681 (relating to unrelated business income).

(5) Definition of pooled income fund

For purposes of paragraph (3), a pooled income fund is a trust—

(A)to which each donor transfers property, contributing an irrevocable remainder interest in such property to or for the use of an organization described in section
170(b)(1)(A) (other than in clauses (vii) or (viii)), and retaining an income interest for the life of one or more beneficiaries (living at the time of such transfer),

(B)in which the property transferred by each donor is commingled with property transferred by other donors who have made or make similar transfers,

(C)which cannot have investments in securities which are exempt from the taxes imposed by this subtitle,

(D)which includes only amounts received from transfers which meet the requirements of this paragraph,

(E)which is maintained by the organization to which the remainder interest is contributed and of which no donor or beneficiary of an income interest is a trustee, and

(F)from which each beneficiary of an income interest receives income, for each year for which he is entitled to receive the income interest referred to in subparagraph (A), determined by the rate of return earned by the trust for such year.

For purposes of determining the amount of any charitable contribution allowable by reason of a transfer of property to a pooled fund, the value of the income interest shall be determined on the basis of the highest rate of return earned by the fund for any of the 3 taxable years immediately preceding the taxable year of the fund in which the transfer is made. In the case of funds in existence less than 3 taxable years preceding the taxable year of the fund in which a transfer is made the rate of return shall be deemed to be 6 percent per annum, except that the Secretary may prescribe a different rate of return.

(6) Taxable private foundations

In the case of a private foundation which is not exempt from taxation under section
501(a) for the taxable year, the provisions of this subsection shall not apply and the provisions of section
170 shall apply.

(d) Net operating loss deduction

The benefit of the deduction for net operating losses provided by section
172 shall be allowed to estates and trusts under regulations prescribed by the Secretary.

(e) Deduction for depreciation and depletion

An estate or trust shall be allowed the deduction for depreciation and depletion only to the extent not allowable to beneficiaries under section
167(d) and
611(b).

(f) Amortization deductions

The benefit of the deductions for amortization provided by sections
169 and
197 shall be allowed to estates and trusts in the same manner as in the case of an individual. The allowable deduction shall be apportioned between the income beneficiaries and the fiduciary under regulations prescribed by the Secretary.

(g) Disallowance of double deductions

Amounts allowable under section
2053 or
2054 as a deduction in computing the taxable estate of a decedent shall not be allowed as a deduction (or as an offset against the sales price of property in determining gain or loss) in computing the taxable income of the estate or of any other person, unless there is filed, within the time and in the manner and form prescribed by the Secretary, a statement that the amounts have not been allowed as deductions under section
2053 or
2054 and a waiver of the right to have such amounts allowed at any time as deductions under section
2053 or
2054. Rules similar to the rules of the preceding sentence shall apply to amounts which may be taken into account under section
2621(a)(2) or
2622(b). This subsection shall not apply with respect to deductions allowed under part II (relating to income in respect of decedents).

(h) Unused loss carryovers and excess deductions on termination available to beneficiaries

(2)for the last taxable year of the estate or trust deductions (other than the deductions allowed under subsections (b) or (c)) in excess of gross income for such year,

then such carryover or such excess shall be allowed as a deduction, in accordance with regulations prescribed by the Secretary, to the beneficiaries succeeding to the property of the estate or trust.

(i) Certain distributions by cemetery perpetual care funds

In the case of a cemetery perpetual care fund which—

(1)was created pursuant to local law by a taxable cemetery corporation for the care and maintenance of cemetery property, and

(2)is treated for the taxable year as a trust for purposes of this subchapter,

any amount distributed by such fund for the care and maintenance of gravesites which have been purchased from the cemetery corporation before the beginning of the taxable year of the trust and with respect to which there is an obligation to furnish care and maintenance shall be considered to be a distribution solely for purposes of sections
651 and
661, but only to the extent that the aggregate amount so distributed during the taxable year does not exceed $5 multiplied by the aggregate number of such gravesites.

2002—Subsec. (b). Pub. L. 107–134reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows: “An estate shall be allowed a deduction of $600. A trust which, under its governing instrument, is required to distribute all of its income currently shall be allowed a deduction of $300. All other trusts shall be allowed a deduction of $100. The deductions allowed by this subsection shall be in lieu of the deductions allowed under section
151 (relating to deduction for personal exemption).”

1989—Subsec. (g). Pub. L. 101–239inserted after first sentence “Rules similar to the rules of the preceding sentence shall apply to amounts which may be taken into account under 2621(a)(2) or 2622(b).”

1986—Subsec. (a). Pub. L. 99–514, § 112(b)(2), amended subsec. (a) generally, substituting “Foreign tax credit allowed” for “Credits against tax” in heading, striking out designation and heading for par. (1), and striking out par. (2) which read as follows: “An estate or trust shall not be allowed the credit against tax for political contributions provided by section
24.”

Subsec. (c)(4). Pub. L. 99–514, § 301(b)(6), in heading, substituted “Coordination with section
681” for “Adjustments”, and in text struck out first sentence which read as follows: “To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 6 months, proper adjustment shall be made for any deduction allowable to the estate or trust under section
1202 (relating to deduction for excess of capital gains over capital losses).”

1978—Subsecs. (i) to (k). Pub. L. 95–600redesignated subsecs. (j) and (k) as (i) and (j), respectively. Former subsec. (i), which did not allow estates or trusts the deduction for contributions to candidates for public office provided by section
218, was struck out.

1977—Subsec. (k). Pub. L. 95–30struck out par. (1) which made a cross reference to section
142(b)(4) for disallowance of the standard deduction in the case of estates and trusts and struck out “(2)” at beginning of single remaining cross reference.

Subsec. (g). Pub. L. 94–455, §§ 1906(b)(13)(A),
2009(d), inserted “(or as an offset against the sales price of property in determining gain or loss)” after “shall not be allowed as a deduction”, and struck out “or his delegate” after “Secretary”.

Pub. L. 107–134, title I, § 116(b),Jan. 23, 2002, 115 Stat. 2440, provided that: “The amendment made by this section [amending this section] shall apply to taxable years ending on or after September 11, 2001.”

Effective Date of 1993 Amendment

Amendment by section 13113(d)(2) ofPub. L. 103–66applicable to stock issued after Aug. 10, 1993, see section 13113(e) ofPub. L. 103–66, set out as a note under section
53 of this title.

Amendment by section 13261(f)(2) ofPub. L. 103–66applicable, except as otherwise provided, with respect to property acquired after Aug. 10, 1993, see section 13261(g) ofPub. L. 103–66, set out as an Effective Date note under section
197 of this title.

Effective Date of 1990 Amendment

Amendment by section 11812(b)(9) ofPub. L. 101–508applicable to property placed in service after Nov. 5, 1990, but not applicable to any property to which section
168 of this title does not apply by reason of subsec. (f)(5) ofsection
168, and not applicable to rehabilitation expenditures described in section 252(f)(5) ofPub. L. 99–514, see section 11812(c) ofPub. L. 101–508, set out as a note under section
42 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–239effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100–647, to which such amendment relates, see section 7817 ofPub. L. 101–239, set out as a note under section
1 of this title.

Effective Date of 1986 Amendment

Amendment by section 112(b)(2) ofPub. L. 99–514applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) ofPub. L. 99–514, set out as a note under section
1 of this title.

Amendment by section 301(b)(6) ofPub. L. 99–514applicable to taxable years beginning after Dec. 31, 1986, see section 301(c) ofPub. L. 99–514, set out as a note under section
62 of this title.

Amendment by section 612(b)(3) ofPub. L. 99–514applicable to taxable years beginning after Dec. 31, 1986, see section 612(c) ofPub. L. 99–514, set out as a note under section
301 of this title.

Effective Date of 1984 Amendment

Amendment by section 474(r)(17) ofPub. L. 98–369applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) ofPub. L. 98–369, set out as a note under section
21 of this title.

Amendment by section 1001(b)(8) ofPub. L. 98–369applicable to property acquired after June 22, 1984, and before Jan. 1, 1988, see section 1001(e) ofPub. L. 98–369, set out as a note under section
166 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–34applicable to expenditures incurred after Dec. 31, 1981, in taxable years ending after such date, see section 212(e) ofPub. L. 97–34, set out as a note under section
46 of this title.

Effective Date of 1978 Amendment

Pub. L. 95–600, title I, § 113(d),Nov. 6, 1978, 92 Stat. 2778, provided that: “The amendments made by this section [amending this section and section
24 of this title and repealing section
218 of this title] shall apply with respect to contributions the payment of which is made after December 31, 1978, in taxable years beginning after such date.”

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–30applicable to taxable years beginning after Dec. 31, 1976, see section 106(a) ofPub. L. 95–30, set out as a note under section
1 of this title.

Effective Date of 1976 Amendment

Pub. L. 94–455, title XIV, § 1402(b)(1),Oct. 4, 1976, 90 Stat. 1731, provided that the amendment made by that section is effective with respect to taxable years beginning in 1977.

Pub. L. 94–455, title XIV, § 1402(b)(2),Oct. 4, 1976, 90 Stat. 1732, provided that the amendment made by that section is effective with respect to taxable years beginning after Dec. 31, 1977.

Amendment by section 1901(b)(1)(H)(i) ofPub. L. 94–455effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) ofPub. L. 94–455, set out as a note under section
2 of this title.

Amendment by section 1951(c)(2)(B) ofPub. L. 94–455effective for taxable years beginning after Dec. 31, 1976, see section 1952(d) ofPub. L. 94–455, set out as a note under section
72 of this title.

Pub. L. 94–455, title XXI, § 2124(a)(4),Oct. 4, 1976, 90 Stat. 1918, provided that: “The amendments made by this subsection [enacting section
191 of this title and amending this section and sections
1082,
1245, and
1250 of this title] shall apply with respect to additions to capital account made after June 14, 1976 and before June 15, 1981.”

Pub. L. 92–178, title III, § 303(d),Dec. 10, 1971, 85 Stat. 522, provided that: “The amendments made by this section [enacting section
188 of this title and amending this section and sections
57,
1082,
1245, and
1250 of this title] shall apply to taxable years ending after December 31, 1971.”

Pub. L. 92–178, title VII, § 703,Dec. 10, 1971, 85 Stat. 562, provided that: “The amendments made by this title [enacting sections
24 and
218 of this title and amending this section] shall apply to taxable years ending after December 31, 1971, but only with respect to political contributions, payment of which is made after such date.”

Effective Date of 1969 Amendment

Amendment by section 201(b) ofPub. L. 91–172applicable with respect to amounts paid, permanently set aside, or to be used for a charitable purpose in taxable years beginning after Dec. 31, 1969, except that subsec. (c)(5) applicable to transfers in trust made after July 31, 1969, see section 201(g) ofPub. L. 91–172, set out as a note under section
170 of this title.

Amendment by section 704(b)(2) ofPub. L. 91–172applicable to taxable years ending after Dec. 31, 1968, see section 704(c) ofPub. L. 91–172, set out as an Effective Date note under section
169 of this title.

Effective Date of 1966 Amendment

Pub. L. 89–621, § 2(b),Oct. 4, 1966, 80 Stat. 873, provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Oct. 4, 1966], but only with respect to amounts paid or incurred, and losses sustained, after such date.”

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–272applicable to dividends received after December 31, 1964, in taxable years ending after such date, see section 201(e) ofPub. L. 88–272, set out as a note under section
22 of this title.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–834applicable to taxable years beginning after Dec. 31, 1961, and ending after Oct. 16, 1962, see section 13(g) ofPub. L. 87–834, set out as an Effective Date note under section
1245 of this title.

Savings Provision

For provisions that nothing in amendment by Pub. L. 101–508be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) ofPub. L. 101–508, set out as a note under section
45K of this title.

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